(a)  Any person participating in a Commission‑accredited corrections training course or program as an instructor, teacher, professor, lecturer, or other participant making presentations to the class shall first be certified by the Commission as an instructor.

(b)  The Commission shall certify instructors under the following categories:  General Instructor Certification or Specialized Instructor Certification as outlined in 12 NCAC 09G .0308 and .0310 of this Section.  Such instructor certification shall be granted on the basis of documented qualifications of experience, education, and training in accord with the requirements of this Section and reflected on the applicant's Request for Instructor Certification Form.

(c)  In addition to all other requirements of this Section, each instructor certified by the Commission to teach in a Commission-accredited course shall remain competent in his/her specific or specialty areas.  Such competence includes remaining current in the instructor's area of expertise, which may be demonstrated by attending and successfully completing any instructor updates issued by the Commission.

(d)  The Standards Division may notify an applicant for instructor certification or a certified instructor that a deficiency appears to exist and attempt, in an advisory capacity, to assist the person in correcting the deficiency.

(e)  When any person certified as an instructor by the Commission is found to have knowingly and willfully violated any provision or requirement of the Rules in this Subchapter, the Commission may take action to correct the violation and to ensure that the violation does not recur, including:

(1)           issuing an oral warning and request for compliance;

(2)           issuing a written warning and request for compliance;

(3)           issuing an official written reprimand;

(4)           suspending the individual's certification for a specified period of time or until acceptable corrective action is taken by the individual; or

(5)           revoking the individual's certification.

(f)  The Commission may deny, suspend, or revoke an instructor's certification when the Commission finds that the person:

(1)           has failed to meet and maintain any of the requirements for qualification; or

(2)           has failed to remain currently knowledgeable in the person's areas of expertise; or

(3)           has failed to deliver training in a manner consistent with the instructor lesson plans outlined in the "Basic Instructor Training Manual" as found in 12 NCAC 09G .0414; or

(4)           has demonstrated unprofessional personal conduct in the delivery of Commission‑mandated training; or

(5)           has demonstrated instructional incompetence; or

(6)           has knowingly and willfully obtained, or attempted to obtain instructor certification by deceit, fraud, or misrepresentation; or

(7)           has failed to meet or maintain good moral character as required to effectively discharge the duties of a corrections instructor, as evidenced by, but not limited to:

(A)          not having been convicted of a felony;

(B)          not having been convicted of a misdemeanor as defined in 12 NCAC 09G .0102(10) for five years since the date of conviction or the completion of any corrections supervision imposed by the courts whichever is later;

(C)          having submitted to and produced a negative result on a drug test which meets the certification standards of the Department of Health and Human Services for Federal Workplace Drug Testing Programs, copies of which may be obtained from National Institute on Drug Abuse, 5600 Fisher Lane, Rockville, Maryland 20857 at no cost, to detect the illegal use of at least cannabis, cocaine, phencyclidine (PCP), opiates and amphetamines or their metabolites;

(D)          submitting to a background investigation consisting of:

(i)            verification of age;

(ii)           verification of education;

(iii)          criminal history check of local, state, and national files;

(E)           being truthful in providing all required information as prescribed by the application process; or

(8)           has failed to deliver training in a manner consistent with the curriculum outlines in the corrections officers' training manuals set out in 12 NCAC 09G .0411 through .0416.


History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.